How can police prove I knew person was under 21 for Furnishing Alcohol to Minror charge?

Sufficiency of Evidence – Knowledge of Age in Furnishing Alcohol to a Minor Cases in Pennsylvania

A common defense in Furnishing Alcohol to a Minor cases is that the person accused didn’t know the recipient was underage. However, Pennsylvania courts have addressed this issue in detail, and the law may not be as forgiving as some think.

Pennsylvania Law Requires Proof of Knowledge — But It Can Be Circumstantial

In Commonwealth v. Scolieri, the Pennsylvania Supreme Court expressly ruled that, for a conviction under 18 Pa.C.S. § 6310.1 (Furnishing Alcohol to a Minor), the prosecution must prove that the defendant knew the person was underage.

While that sounds like a high burden, the courts allow the district attorney to use circumstantial evidence to prove knowledge — not just direct admissions.


Example: Commonwealth v. Maloney — Circumstantial Evidence Was Enough

The case of Commonwealth v. Maloney highlights how prosecutors can prove knowledge indirectly.

In this Centre County case, a Penn State student was charged with Furnishing Alcohol to Minors after a party at his apartment. The student argued there was insufficient evidence to show he knew his guests were underage.

The Superior Court disagreed, finding that the Centre County district attorney presented enough circumstantial evidence to support the conviction:

✅ The student knew the guests from high school, implying he was aware of their age.
✅ When asked for permission to get a drink, the student deliberately avoided answering, suggesting awareness and an attempt to avoid liability.
✅ When questioned by police, the student refused to provide the names of the guests, stating he didn’t want them to “get into trouble.”

These facts, taken together, convinced the court that the student knew the guests were underage, even without a direct admission. The conviction was upheld.


Crimes Code vs. Liquor Code — Two Separate Furnishing Charges

In Centre County and across Pennsylvania, police often file two separate charges when someone is accused of furnishing alcohol to minors:

  1. Furnishing Alcohol to a Minor under the Crimes Code (18 Pa.C.S. § 6310.1)

    • Requires proof that the defendant knew the person was underage.

    • The prosecution can use circumstantial or direct evidence to prove knowledge.

  2. Furnishing Alcohol to a Minor under the Liquor Code (47 P.S. § 4-493(1))

    • Does NOT require proof of knowledge regarding age.

    • A person can be convicted even if the underage recipient lied about their age.

    • If the recipient is underage, the charge can stick — regardless of what the defendant knew or believed.

Police often file both charges to give the district attorney multiple legal avenues to pursue a conviction.


Key Takeaways for Penn State Students and Young Adults


Charged with Furnishing Alcohol to a Minor in Pennsylvania? Call an Experienced Defense Lawyer.

If you’ve been charged with Furnishing Alcohol to a Minor in Centre County, at Penn State, or anywhere in Pennsylvania, the consequences can be life-altering. An experienced criminal defense attorney can help you understand your rights, build a defense, and fight for the best possible outcome.

For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.